Ordered that the sentence is reversed, on the law, the defendant is adjudged to be a second violent felony offender, and the matter is remitted to the Supreme Court, Queens County, for resentencing.
The court declined to sentence the defendant as a second violent felony offender on the ground that his earlier guilty plea to attempted criminal possession of a weapon in the third degree was constitutionally defective. The court concluded that the plea allocution on...
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